Comparative Study of Foundations and Functions of the Models of Constitutional Justice

Constitutional justice، in its general sense، means the set of methods and legal institutions that control law and other regulations by the constitution. Based on the type of look at the relationship between statutory law-constitution، parliament-justice، and private interest-public interest، and also based on the type of definition of the philosophy and function of separation of powers، we can observe two principals models of constitutional justice: 1) The American model in which the control over law is posterior، objective، decentralized and res judicata is relative، and 2) The European model in which the control of law is priori، abstract، centralized، and res judicata is absolute. In this paper، while addressing the general principles of constitutional justice، we study special patterns of each of the above models، especially in the two most important countries (i. e. The United States of America and France).